The law develops overtime. The experiences of a country result in new technology and customs. Incrementally, individuals form personal opinions guiding the way they live. In America, laws are agreed upon as individuals communicate their opinions to their elected officials. The judicial system serves as government by redress when individuals disagree about the meaning of the law.
How do personal opinions and the laws to which they give rise lessen in their ability to facilitate technology and cultural experiences? We should determine whether opinions and proposed laws are evolving or devolving, going forward or backward. Do we measure advances in technology and custom objectively against earlier expressions of science and social interactions?
American expressions, like the Declaration of Independence and the U.S. Constitution, are evaluated against the extent to which the law recognizes the inherent freedom of the individual. Human rights exist, fundamentally, under a federal system led by a central, national government of definitions that apply equally. Basic rights are not divvied up as decided among and between the states and territories. Achievements and advances only possess value if uniformly maintained for all. The goal of a representative democracy is peace and harmony for its public, not a devolution into acrimony and argument over the definition of essential rights and freedoms.
The law is a circular, yet didactic form. It instructs those it is made by. It creates a nation as it is created. And, an overarching abstraction then becomes the law for all. Regardless of your opinion on any matter, the naturalized American John Hector St. John de Crevecoeur provided a profound view in the idea that: from soil, values grow.
Lori Gayle Nuckolls
Philosophy, Law and Politics 